Exparte decree passed against the petitioner is not a valid one and thus, such decree is a nullity. When the decree passed was without adjudication of the rights of the parties, it can be set aside

Exparte decree passed against the petitioner is not a valid one and thus, such decree is a nullity. When the decree passed was without adjudication of the rights of the parties, it can be set aside. In support of his submission, he relied on the following decisions:

(i)Air 1981 SCC 1400;

Rafiq and another v. Munshilal and another; 

 

COMPARATIVE CITATIONS:
1981 AIR(SC) 1400, 1981 (2) SCC 788, 1981 (3) SCR 509, 1981 UJ 505, 1981 ALJ 704